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Brevier Legislative Reports, Volume I, 1858, 204 pp.
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BONDS AND STATE STOCKS.

Mr. WAGNER, from the Committee on Education, to which was referred Mr. Boob's bil (S. 25) providing for the redemption and pur phase of bank bonds and State stocks, reported the same back; that they were favorably impressed with the principles of the bill, but recommended that further legislation thereon be postponed till the regular session.

The report was concurred in.

JUSTICES OF THE PEACE.

The Senate then decided to take up bills on their third reading.

The bill (H. R 18) to amend section 18 of an act prescrib ng the powers and duties of Justices of the Peace in State prosecutions, approved March 29, 1852, coming up - after a short debate by Messrs. Murray, March, Stevens, Gooding and Bennett -

The bill was rejected by yeas 16, nays 28.

SCHOOL LANDS.

The bill (H. R. 22) providing for the reappraisement of unsold lands in this State, coming up on the third reading -

The bill was finally passed the Senate by yea 43, nays 0.

ADJOURNMENT SINE DIE.

A message was received from the House of Representatives announcing the concurrence of that body in the following resolution of the Senate:

Resolved, That the Senate will, (the House concurring,) adjourn sine die on Saturday, the 25th inst, at 10 o'clock A.M.

CIRCUIT COURTS.

The bill (H. R. 36) to amend section 1 of an act providing for extending the terms of Circuit Courts by adjournment, &c., approved February 12, 1855, to authorize the Judge to hold special terms, and providing compensation to the Judge and Attorneys in attendance on the same, coming up on the third reading -

The bill was finally passed the Senate--yeas 40, nays 5.

On motion by Mr. MARCH, so much of the title of the bill as refers to compensation was stricken out.

ELECTION BOARDS.

The bill (H. R. 62) for the punishment of officers of elections for refusing or neglecting to receive legal votes, coming up on the third reading - after debate indulged in by Senators Bobbs, Marsh, Wallace, Conner, Slack, Bennett, Johnston and Rice -

On motion by Mr. MARCH, the bill was recommitted with instructions to insert the words "knowingly and," so that it will read 'knowingly and wilfully or corruptly" refuse to receive votes, &c.

MESSAGES FROM THE GOVERNOR,

A message from the Governor was received, announcing that he has approved and signed the following bills:

The bill (H. R 79) supplemental to An Act providing for the relocation of county seats where two-thirds of the voters so desire.

Mr. Anthony's bill (S. 59) to amend An Act regulating the licencing of pilots at the Falls of the Ohio, approved June 15, 1852.

Mr. Miller's bill (S. 5) to amend the 32d section of An Act to provide for the valuation of real estate, &c., approved June 21, 1852, for the taxing of Railroad lands.

AUDITOR OF STATE

The PRESIDENT laid before the Senate a communication from the Auditor of State, in reply to a resolution of the Senate adopted yesterday, asking by what authority he received fees from persons examining the public books in his office, stating that no person was ever so charged, and consequently no money was ever received by him on that account.

NATHAN RAWLEY.

The bill (H. R. 40) for the relief of Nathan Rawley from a judgment in in the Vanderburgh Court, coming up on the third reading -

It, was finally passed the Senate by yeas 49, nays 0.

ELECTION BOARDS.

On the motion of Mr. MARCH, by unanimous consent, the bill (H. R. 62) providing punishment for officers of election for refusing or neglecting to receive legal votes, was referred to a select committee of three, which the PRESIDENT makes to consist of Messrs. March, Slack and Blair.

SINKING FUND COMMISSIONERS.

On motion by Mr. WAGNER messages from the House of Representatives were taken from the table.

The bill (H. R. 98) providing for the election of a Board of Sinking Fund Commissioners, coming up, it was read the first time and passed to the second reading.

ELECTION BOARDS.

Mr. SLACK,by unanimous consent, presented a report from the select committee to which was referred the bill (H. R. 62) returning the same with Mr. March's amendment, as instructed by the Senate, above set forth.

The report was concurred in, and the bill finally passed by yeas 44, nays 3.

COUNTY BOARDS.

The bill (H R. 60) to amend sections of an act for the organization of County Boards, coming up, it was passed the first reading.

page: 186[View Page 186]

SINKING FUND.

The bill (H. R. 101 to secure the Sinking Fund debt, coming up, it was read the first time.

Mr. WAGNER moved a suspension of rules and that the bill be read by title a second time now.

The motion was agreed to by yeas 43, nays 1.

Mr. WAGNER explained the provisions of the bill.

Mr. STUDABAKER moved a suspension of rules, and that the bill be read the third time now.

Mr. TARKINGTON objected.

Mr. MURRAY was in favor of the proposition to suspend the rules.

Mr. CRAVENS knew this bill was well guarded. It simply proposes that the interest on money borrowed from the Sinking Fund by the State in 1842, be put into a bond and surrendered to the Commissioners.

Mr. TARKINGTON moved to add the $165,000 borrowed last July.

Mr. WAGNER opposed the amendment, and submitted his reasons therefor.

Mr. BOBBS was in favor of taking care of this fund, and consequently was of the opinion that the bill should pass.

Mr. HEFFREN moved to lay the amendment on the table.

The motion was agreed to by yeas 33, nays 7.

The motion to suspend the rules and read the bill the third time was agreed to - yeas 38, nays 1.

The bill was then finally passed the Senate by yeas 43, nays 0.

EXEMPTION OP PROPERTY FROM SALE

Mr. McLEAN'S bill (S. 46) to amend section 9 of an act exempting property from sale in certain cases, approved February 17,1852, coming up on the third reading -

Mr. MARCH objected to the passage of the bill.

Mr. McLEAN advocated the passage of his bill, and defended it from the objections named against it. The object of the bill is to aid the law now on our statute books.

Mr. ANTHONY thought the law too stringent.

Mr. GREEN coincided in the views expressed by the Senator from Floyd.[Mr. Anthony.]

The bill was then rejected by yeas 15, nays 25.

LEAVE OF ABSENCE.

Mr. LINE asked and obtained leave of absence for the Senator from Ripley [Mr. Fisk,] who was "detained from his seat by sickness.

OLD STATE BANK.

Mr. WAGNER obtained unanimous consent to introduce a bill (S. 110 vesting in the assignees of the Branches of the State Bank of Indiana, the right to enforce the possession and enjoyment of the assetts so assigned, which was read the first time.

And then the Senate took a recess till two o'clock.

AFTERNOON SESSION.

A message from the House of Representatives announced the passage by that body of the bill (H. R. 104 making specific appropriations for the year 1858.

On motion by Mr. SLACK the previous order of the day was dispensed with, and the message taken from the table.

The bill (H. R. 104 was then read through.

On the motion of Mr. RICE the rules were supended - yeas 41, nays 0 - and the bill as read by title the second time.

On motion by Mr. WALLACE, the bill was referred to the Committee on Finance.

FROM THE GOVERNOR.

A message from the Governor announced that he had approved and signed Mr. Steele's bill (S. 15 to authorize County Commissioners to take oossession of abandoned highways in their counties; also, Mr. Blair'sbill (S. 86) to enable holders of unauthorized paper currency to collect the same from any person or corporation aiding in the circulation thereof.

FROM THE HOUSE.

A message from the House of Representatives announced the concurrence of that body in the Senate amendment to the bill (H. R. 22) providing for the re-appraisement of unsold school lands.

OLD STATE BANK

On motion by Mr. WAGNER the rules were suspendedyeas 42, nays 2and the bill (S. 110 authorizing assignees of the old State Bank to make assignments, was read the second time.

Mr. WAGNER moved that the bill be considered as engrossed, and read the third time now.

The motion was agreed to, and the PRESIDENT having ordered the bill to be read

[On motion by Mr. RICE the Finance Committee had leave to retire for a sitting.]

Mr. MURRAY submitted the following appeal, which was read by the Secretary.

The Chair having decided that Senate bill No 110, which has been read once to-day, under the suspension of the constitutional rule, should be read again for the third time, to put it upon its passage, without a vote of yeas and nays suspending the rules of the constitution, the Senator from Howard appeals from the decision of the Chair to the judgment of the Senate.

The PRESIDENT stated that to save time for this once, he would order the yeas and nays upon the motion, that the bill be considered as engrossed and read the third time now.

Mr. MURRAY withdrew his appeal.

The motion was agreed to by yeas 37, nays 1.

And then the bill finally passed the Senate by yeas 35, nays 5.

BRIGHT AND FITCH.

Mr. GOODING made an ineffectual motion to take up joint resolution (No. 6) disapproving of the course of Messrs. Bright and Fitch on the Lecompton question.

CERTIFICATES OF MEMBERS.

Mr. CRAVENS, from the Committee on Elections, reported that, having examined the credentials of the newly elected members, and finding them correct, the committee ask that they be preserved among the archives of the State.

The report was concurred in.

HEATING THE SENATE CHAMBER.

Mr. WALLACE, from the special committee on the arrangement for heating the Senate Chamber, page: 187[View Page 187] &c., reported that it was best to heat the chamber from the basement, and submitted a resolution in favor of the same - the cost being about $846.

The yeas and nays were demanded upon the adoption of the resolution of the committee, and being ordered and taken, resulted, yeas 28 nays 11.

So the resolution was adopted.

FROM THE HOUSE.

A message from the House of Representatives was read, announcing that the House had refused to concur in the Senate amendment to the bill (H. R. 36) to amend Section 1 of An Act providing for extending the terms of Circuit Courts by adjournments, &c., approved February 12 1855, to authorize Judges to hold special terms, and for the compensation of Judges and Attorneys holding the same.

SCHOOL FUNDS.

Mr. CULVER (by consent) from the committee to which was referred a bill providing for the disposition, investment and safe keeping of school funds, reported the same back and recommended that it lie on the table.

The report was concurred in.

LEAVE OF ABSENCE.

On motion by Mr. WALLACE, the Senator from Franklin [Mr. Line] was granted leave of absence, on account of sickness in his family.

FROM THE HOUSE.

A message from the House of Representatives announced the passage by that body of the bill (S. 102) with amendments to continue the present Board of Sinking Fund Commissioners, till the first Monday in April, 1859; also, the bill (S. 6) to cure defects in execution deeds in certain cases and doing away with a seal or ink scroll.

CIRCUIT COURTS.

On motion by Mr. Wallace, the bill (H. R 36) was taken up; the Senate insisted upon their amendments thereto, and asked for a committee of free conference.

SECRETARIES AND DOOR-KEEPERS.

Mr. SLACK offered a resolution stating that the favorable consideration of the Senate is due to the Secretaries and Door-keepers for the manner in which they have discharged their duties.

The resolution was adopted by consent.

THE PRESIDENT.

Mr. MURRAY offered the following:

Resolved, That the thanks of this Senate are hereby tendered to the Hon. A. A. Hammond for the firm and impartial manner in which he has discharged the duties ofthe chair.

The resolution was adopted by consent.

SINKING FUND COMMISSIONERS.

On motion by WAGNER, Mr. Steele's bill, (S. 102) to continue the present Board of Sinking Fund Commissioners till the first Monday in April, 1859, with the House amendment, was taken from the table.

On motion of Mr. WAGNER it was referred to a committee of three, which the PRESIDENT [Mr. Cravens in the chair] makes to consist of Messrs. Wagner, Wallace and Anthony.

FROM THE HOUSE,

A message from the House of Representatives was received, announcing the passage, by that body, of Mr. Wagner's bill (S, 110) to vest in the assignees of the Branches of the State Bank of Indiana, power to make assignments, &c.

NIGHT SESSION.

Mr. BROWN offered a resolution that when the Senate adjourn, it meet at 7 o'clock to-night. The resolution was adopted.

FROM THE HOUSE.

A message from the House of Representatives announced that Messrs. Davis, Blythe, and Harrison were appointed as a Committee of free conference, on the part of the House, on the bill (H. R. 36.)

The PRESIDENT (Mr. Cravens in the Chair) appointed Senators Wallace, Conner, and March as a Committee of free conference, on the part of the Senate.

SINKING FUND COMMISSIONERS.

Mr. WAGNER, from the Special Committee, to whom was referred Mr. Steel's bill (S. 102) to continue the present Board of Sinking Fund Commissioners till the first Monday of April, reported the same back, and recommended that the Senate insist upon the bill as originally passed.

The report was concurred in.

The PRESIDENT (Mr.Cravens in the Chair) appointed Messrs. Hamilton, Anthony, and Wagner the Commitee of free conference, on the part of the Senate, on this Sinking Fund bill (S, 102.)On motion by Mr. WAGNER, the bill (H. R. 98) providing for the election of Sinking Fund Commissioners was taken from the table.

Mr. WAGNER moved a suspension of the rules, and that the bills be read the second time by its title.

A constitutional provision demanding the yeas and nays, they were ordered, and being taken, resulted, yeas 29, nays 10.

So the motion was rejected - no quorum voting.

SPECIFIC APPROPRIATIONS.

Mr. RICE, from the Finance Committee, to which was referred the bill (H. R. 104 making specific appropriations for the year 1858, reported the same back with sundry amendments.

(A message from the House of Representatives announced that the House refused to concur with amendments to the bill (S. 102) to continue he Sinking Fund Commissioners till the first Monday of April, and had appointed Messrs. Davis, Hunter, and Branham a committee of free conference on the part of the House.]

The Senate then proceeded to the consideration of the bill, adopting and rejecting many propositions to amend, and then the report, as amended, was concurred in.

Mr. WAGNER, from tne Committee on Free Conference on Mr. Steel's bill (S. 102) reported recommending that the Senate insists upon the bill as originally passed.

[A message from the House of Representatives announced that the House had receded from its page: 188[View Page 188] amendments to Mr. Steele's bill (S. 102,) to continue the Board of Sinking Fund Commissioners till the first mosiday in April.]

On motion of Mr. HEFFREN -

The rules were suspended - yeas 49, nays 2 and the bill read the third time.

The bill was then finally passed by yeas 28 nays 12.

The Senate then took a recess till seven o'clock, P. M.

NIGHT SESSION.

Mr. BENNETT offered a resolution that the journal of the session shall not be printed until after the regular session, in order that the two journals may be printed together.

Mr. WAGNER moved to amend so as to include the acts in book form.

Mr. HEFFREN demanded a call of the Senate.

Mr. BENNETT withdrew his resolution.

Mr. HEFFREN withdrew his demand for a call of the Senate.

SENATE BILLS.

Mr. HEFFREN, by consent, introduced a resolution requiring the Secretary to keep all bills remaining on the files of the Senate, and deliver them to the authors thereof, at the opening of the regular session, upon their demand therefor.

The resolution was adopted by consent.

BRIGHT AND FITCH.

On motion by Mr. WAGNER, the joint resolution (No. 6) disapproving of the course of Messrs. Bright and Fitch on the Lecompton question, was taken from the table.

The joint resolution (No. 6) was then read.

Mr. STEVENS spoke to the resolution.

Mr. GOODING demanded a call of the Senate.

The call was proceeded with, and thirty-six Senators were reported as present.

Mr. GOODING moved that further proceedings in the call be dispensed with.

The motion was agreed to.

The yeas and nays were demanded on the passage of the resolution, and being ordered and taken, resulted - yeas 23. nays [?].

A quorum not voting -

Mr. GOODING demanded a call of the Senate.

The call was proceeded with, and thirty-three Senators reported as present.

Mr. WAGNER moved that further proceedings in the call be dispensed with.

The resolution was agreed to.

WOOD.

Mr. BOBBS offered a resolution that the doorkeeper be directed to lay in a supply of wood for the regular session.

Mr. HEFFREN moved to amend the resolution by directing Mr. A. S. Shortridge to perform this service.

Mr. BOBBS accepted of the amendment.

And then the resolution as amended was Adopted.

SENATE CHAMBER.

Mr. BOBBS offered a resolution tendering the use of the Senate chamber to the Indiana Association for the promotion of Science, at its next session.

The resolution was adopted by consent.

TEMPERANCE.

By unanimous consent, Mr GOODING, from the Committee on Temperance, to which was referred Mr. Hill's bill (S. 8) to regulate and restrain the sale of spirituous and intoxicating liquors, &c., reported the same back, and submitted a bill (S 111) in the stead thereof.

The report was concurred in, the bill (S. 111) was read the first time and passed to the second reading.

On motion by Mr. JENNINGS the bill was laid on the table, and five hundred copies ordered to be printed for the use of the Senate.

FROM THE HOUSE.

A message from the House of Representatives announced the passage by that body of a concurrent resolution, that the laws of this session, as well as the journals thereof, be not published till the next session.

CALL OF THE SENATE.

Mr. WAGNER demanded a call of the Senate, with a view to take up the message of the House.

The call was proceeded with, and twenty-five Senators reported present.

Mr. HEFFREN made an ineffectual motion to suspend further proceedings in the call.

FROM THE GOVERNOR.

A message from the Governor announced that he had approved and signed the following bills:

The bill (H. R. 12) for the punishment of officers of election for refusing or neglecting to receive legal votes.

Mr. Wagner's bill (S. 110 to vest power in the Assignees of the State Bank of Indiana, to enforce the possession of their assetts.

Mr. Green's bill (S. 6) to cure defects in executions, deeds, &c., and doing away with a seal and ink scroll.

CALL OF THE SENATE.

Mr. WAGNER moved to dispense with further proceedings in the call.

[A message from the House of Representatives announced that the House had consented to all but two amendments proposed by the Senate to the bill (H. R. 104 to make special appropriations for the year 1858.]

The yeas and nays were demanded on the motion to dispense with further proceedings in the call, and being ordered and taken, resulted - yeas 19, nays 17.

So further proceedings in the call were dispensed with.

Mr. HEFFREN moved to lay on the table the motion to take up the House message.

The motion was rejected by yeas 14, nays 22.

Mr. STUDABAKER moved to amend the motion by taking up the Specific Appropriation bill as just reported from the House.

Mr. MARCH moved to lay this motion to amend on the table.

Mr. Studabaker's motion was laid on the table by yeas 20, nays 16.

page: 189[View Page 189]

Mr. Wagner's motion to take up the message of the House announcing the passage of a resolution proposing not to print the acts and journals until the close of the regular session, was then agreed to by yeas 19, nays 17.

[A message from the House of Representatives was received as follows: The House sends greeting to the Senate that oysters are waiting, and other things to match, to which the Senate is invited instanter - at Hugg's.]

The resolution from the House was then read.

Mr. HEFFREN was of opinion that there was a law on the Statute books which foreclosed the effect of this resolution.

The PRESIDENT, entertaining the opinion of the Senator from Washington, [Mr. Heffren,] decided the resolution out of order.

Mr. WAGNER appealed from the decision of the Chair.

The PRESIDENT. The Senator will state his appeal in writing.

Mr. WAGNER then submitted his appeal in writig, which was read by the Secretary.

Mr. STUDABAKER moved to lay the appeal on the table.

The motion was rejected by yeas 18, nays 22.

The PRESIDENT stated his reasons for his decision.

The question being, "Shall the decision of the Chair remain as the judgment of the Senate?"

The yeas and nays were demanded, and being ordered and taken, resulted - yeas 18, nays 22.

So the decision of the Chair does not stand as the judgment of the Senate.

The question recurring on the adoption of the concurrent resolution -

The resolution was adopted by yeas 22, nays 18.

APPROPRIATION BILL.

On motion of Mr. MURRAY, the specific appropriation bill (H. R. 104) for the year 1858, was taken from the table by consent.

Mr. MURRAY moved that the Senate recede from its amendments thereto.

The motion was agreed to.

ADJOURN.

Mr. SLACK moved to adjourn.

Mr. WALLACE demanded the yeas and nays on the question.

There being a second -

The yeas and nays were demanded, and being taken, resulted - yeas 11, nays 24.

So the motion was rejected.

BRIGHT AND FITCH.

A recount on the passage of Mr. Gooding's joint resolution (S. 6) was ordered by the Senate with the following result - yeas 26, nays 1.

There being no quorum voting -

The Senate adjourned.

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